Freelance com is legitimate

Hartz IV and freelance work

This could also be interesting for you, I found it here in the forum


Self-employed persons can therefore only be referred to an expected future inflow of funds (unless the scope of the loan regulation (cf. Section 23 Paragraph 4 SGB II old version) is opened if at least a provisional benefit grant is sufficient to secure the current livelihood. If a self-employed person entitled to benefits submits an application to the job center for benefits to secure their livelihood with reference to a lack of funds to cover their current needs, if their future income situation is objectively unclear - as is the case with dependent persons entitled to benefits with fluctuating income (see BSG judgment of 29.11.2012 - B 14 AS 6/12 R - BSGE 112, 221 = SozR 4-1500 ยง 45 No. 12, RdNr 18) - the institution is obliged to issue a provisional approval to avert the current need for assistance. This is also what the legislator assumes, as in particular the provisions of Section 3 (6) ALG II-V 2008 show (see also the unofficial reasoning for the draft ordinance (November 2007), available from, p. 16). In the case of a provisional grant, future income can be estimated; First and foremost, however, the provisional approval must cover the current and irrefutable living needs of the beneficiary.

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In other words: It is not legitimate to count a fictitious income if this does not currently secure the subsistence level.

If, in purely mathematical terms, you should exceed the approved 100 euros in additional earnings over the period of six months, you would be deducted 200 euros per month - without you having earned even a cent. Regardless of whether your work is foreseeable dry or not, but solely on the basis of your assumption that you earn an average of 300 euros per month.

(Are now fictional numbers, for illustration purposes only). De facto you would have of the 400 euros to live on, which is only 300 anyway (estimate - electricity and telephone deducted as 100 euros), 100 euros left - from the first month. And then start your own business and just eat your wallpaper. How grotesque.

This practice is even contrary to the constitution. On this point, I advise you to attach a letter with this content to your EKS (and ideally to have it countersigned on a second copy). It cannot be that the most elementary basic rights are curtailed in such a way and that people's fear and helplessness are played with.

Now that's a general statement, not just related to your case. One shouldn't doubt one's common sense and sense of justice just because one is in this predicament. As you can see above, judges also see it that way.

The matter of bogus self-employment is a different matter; this will not come into effect immediately, but in the medium term you should look for further clients, at least for a 'little' other one. Here, too, it must be obvious that you cannot immediately shake x clients off your sleeve and in practice this is usually not a problem. Also does not affect the job center. After all, the first client would give you a psychological boost and usually the next one also results and, depending on the industry, you might already have a reference.

I have little idea about bankruptcy, but speak to your bankruptcy advisor and tell him or her openly what it is about and get advice. It is ALWAYS worth trying to get back to! If you don't have one - I don't know how something like that works - invest the time in researching the net and / or go to a debt counseling center.

Regarding the KV, as far as I know, it will be taken over by the job center if that alone would put you in need of help again.

And one last word about the client's payment behavior: It is not uncommon to take at least half of the order as prepayment. You don't have to be so shy about that. You pay immediately at the checkout and as a new customer you won't get anything delivered online without prepayment. In addition, the statutory payment period is four weeks, but you can also set it individually - around ten days after receipt of the invoice. Depending on the scope, you can enclose the first invoice with your first delivery. Don't be shy! You are not the supplicant, it is about a business on an equal footing - the other receives your performance and you receive the consideration. All the best!